Diaz was released after a Wednesday, September 3 court hearing, according to Deputy Public Defender Alex Lilien.

Diaz couldn’t immediately be reached for comment, but Larry Metzger, 55, Diaz’s boyfriend, said, “I’m happy he’s out.” Metzger said Diaz was released on his own recognizance. His sentencing is set for October 7.

Metzger, who owns the Castro bar The Mix, said, “I don’t know what’s going to happen with the sentencing. … I don’t think he’ll have any more time to serve. I think he’s served all that he’s required to, from what I understand.”

During the trial, Diaz testified that he’d accidentally killed Canul-Arguello after Canul-Arguello asked him to choke him during a sexual encounter.

Jurors announced last Tuesday, August 26, that they’d also found Diaz guilty of arson, mutilating human remains, and destroying evidence.

Like Mitzger, Lilien has also said Diaz, who’d been in custody since his July 2011 arrest, may not serve any more time.

The maximum sentence for involuntary manslaughter is four years. However, Diaz may be sentenced to less time than that, according to Lilien. Among the factors in the time he could serve, Diaz may be able to serve time concurrently for the other convictions.

“He’s likely done all the time they could sentence him to,” Lilien said.